Preparing a trade mark infringement or passing off case: practical considerations?
21 May 2019
This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.
What do you want to achieve?
This is probably the most important question of all.
- What remedy are you looking for? Is it within the court’s power to grant it or would it have to be achieved through a negotiated settlement?
- Are you seeking damages or is it more important to use PR generated by the action to act as a deterrent to other infringers? This will impact on:
- your approach with the defendant;
- the way you run the litigation;
- the tone of your correspondence;
- the amount you are prepared to spend (or lose); and
- your choice of court.
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